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Thread: 37 Sheriffs Suing the State of Colorado Over the New Gun Law

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    37 Sheriffs Suing the State of Colorado Over the New Gun Law

    Some GOOD NEWS - More than half of Colorado's Sheriffs are filing a lawsuit against the state of Colorado over their latest act of tyranny.

    http://www.wnd.com/2013/04/sheriffs-...ate-over-guns/


    Sheriffs suing own state over guns
    Contend Democrat-led gun-control package unconstitutional

    Exposing the disconnect between Colorado politicians and the law enforcement officers charged with upholding the law, more than half of the sheriffs in the state are planning to file a lawsuit against recent gun control laws passed by Democrats.

    The lawsuit was announced by Weld County Sheriff John Cooke on Tuesday. Cooke has previously said he will not enforce the new gun control laws, because he believes they are unconstitutional.

    “The legislators ignored the will of the people and passed these unconstitutional gun laws, and they need to be held accountable for their decision,” Cooke told WND.

    While politicians may pass the laws, law-enforcement officials are the ones who have to deal with the real-world implications of putting the new laws into effect. Because of this, 37 of the state’s 62 sheriffs have announced their plans to file a lawsuit against the new laws, saying they are unconstitutional and unenforceable.

    David Kopel, an attorney with the Independence Institute, which will handle the case, said the brief is still being prepared, but he expects to file it in the next few weeks.

    “We are still working out the details, but there is a very solid case here. We are still working on some of the specifics, however we do feel we have a variety of strong legal claims that are worth bringing to court,” he said.

    In the current legislative session, Democratic lawmakers, who hold the majority in both houses, rammed through a series of gun-control measures pushed by the Obama administration.

    Among the measures are requirements for universal background checks for gun transfers and a ban on magazines that hold more than 15 rounds. Additionally, residents now wishing to exercise their Second Amendment right must now pay a fee. The laws are among the toughest in the nation passed since the Sandy Hook massacre in December.

    During the legislative process leading to the passage of the bills – all signed by Democratic Gov. John Hickenlooper – the state’s sheriffs have been at the forefront of the opposition, drawing even a veiled threat from Democrats in the statehouse that a proposed raise for law enforcement officers was at risk.

    Concerned about surveillance drones, tanks in the streets and gun confiscation? Find out “HOW AMERICA IS BECOMING A POLICE STATE” in this shocking WND special report.

    The sheriffs have frequently said the laws are unconstitutional and unenforceable. To minimize that message, Democrats allowed only one sheriff to testify on each bill as they came through the legislature.

    State officials admitted they were doing the bidding of the White House. In February, Vice President Joe Biden flew to the state to strong-arm Democratic lawmakers who were feeling pressure from their constituents to vote against the bills.

    “He (Biden) said it would send a strong message to the rest of the country that a Western state had passed gun-control bills,” Tony Exhum, a Democratic lawmaker from Colorado Springs, told the Denver Post.

    House Majority Leader Mark Ferrandino, an open homosexual who also pursued a “civil unions” agenda this year, admitted the gun-control bills introduced by fellow Democrats had national implications.

    “I was shocked that he called. He said he thought the bills could help them on a national level,” Ferrandino said.

    Following Hickenlooper’s signature, President Obama came to the state last week for what some have criticized as a “victory lap.”

    While in Colorado, Obama said the federal government should follow the state’s example and pass similar gun control laws.

    While the president used cadets at the Denver Police Academy as props during his speech, the sheriffs let the president know they were not happy with the passage of his proposals. Illustrating the problem with the transfer ban, El Paso County Sheriff Terry Maketa handed an ammunition magazine to another sheriff and noted during a news conference that this act would soon be illegal when the law takes effect July 1.

    The legislation banning some magazines does not simply ban the sale of large capacity magazines, it also bans their transfer, meaning the act of handing the magazine to a spouse or friend to borrow or assist in clearing a jam would be a violation of the law.

    Believing that their concerns have been ignored and that the gun control measures have gone too far, the sheriffs are in the process of filing a lawsuit against the legislation.

    Kopel said others are joining the sheriffs in the lawsuit.

    Cooke explained that it would be hypocritical if the sheriffs did not sue.

    “We have said these laws are unconstitutional and if we truly believe what we are saying then we need to put our money where our mouth is, so to speak,” Cooke said. “These laws are an infringement on people’s Second Amendment rights and we need to represent and stand up for the citizens who voted us into office.”

    Cooke has stated publicly that the laws are unenforceable.

    “Those who currently own magazines that hold over 10 rounds are grandfathered in,” Cooke said. “However, if a resident goes to another state and buys an illegal magazine after the law takes effect, we have no way of knowing when he purchased it unless he admits it to us. Remember, the burden of proof is on us to prove he broke the law, not for him to prove he didn’t.”

    Regarding the background checks, Cooke said that is easily worked around by crossing the border to a neighboring state.

    “All a person has to do legally is go across the border to Wyoming and conduct a private sale,” he explained. “There is no background check required up there and again, there is no way for us to prove where the sale took place. How will we know if the sale or transfer occurred illegally or not?”

    The Colorado gun battle also created a number of opportunities for Democrat gaffes. U.S. Rep. Diana DeGette, D-Colo., for example, displayed her ignorance of ammunition magazines.

    “I will tell you these are ammunition, they’re bullets, so the people who have those now they’re going to shoot them; so if you ban them in the future, the number of these high capacity magazines is going to decrease dramatically over time because the bullets will have been shot, and there won’t be any more available,” she said.

    The Denver Post said DeGette didn’t appear to understand that a firearm magazine can be reloaded with more bullets.

    Another notable comment came from state Sen. Evie Hudak, D-Westminster, who scolded a witness opposing one of the gun restrictions.

    Amanda Collins, 27, of Reno, Nev., was telling her story of being assaulted and explained that had she been carrying a concealed weapon, the incident might have ended differently.

    “I just want to say that, actually statistics are not on your side even if you had a gun,” Hudak scolded. “And, chances are that if you would have had a gun, then he would have been able to get that from you and possibly use it against you.”

    Hudak continued, speaking over the committee witness, “The Colorado Coalition Against Gun Violence says that every one woman who used a handgun in self-defense, 83 here are killed by them.”

    Finally able to resume her testimony, Collins said, “Senator, you weren’t there. I know without a doubt [the outcome would have been different with a gun].

    “He already had a weapon,” she told the meeting of the Senate State, Veterans and Military Affairs Committee. “He didn’t need mine.”

    Then there was the comment from state Rep. Joe Salazar.

    He said that a woman who feels threatened by rape on a college campus doesn’t need to be armed because she can use a call box to get help.

    Salazar’s statement came in a debate over a proposal to ban citizens possessing a concealed-carry permit from being armed on university campuses.

    “It’s why we have call boxes,” said Salazar, “it’s why we have safe zones, it’s why we have the whistles. Because you just don’t know who you’re gonna be shooting at.

    “And you don’t know if you feel like you’re gonna be raped, or if you feel like someone’s been following you around, or if you feel like you’re in trouble when you may actually not be, that you pop out that gun and you pop … pop a round at somebody.”

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    "Then there was the comment from state Rep. Joe Salazar.

    He said that a woman who feels threatened by rape on a college campus doesn’t need to be armed because she can use a call box to get help.

    Salazar’s statement came in a debate over a proposal to ban citizens possessing a concealed-carry permit from being armed on university campuses.

    “It’s why we have call boxes,” said Salazar, “it’s why we have safe zones, it’s why we have the whistles. Because you just don’t know who you’re gonna be shooting at.

    “And you don’t know if you feel like you’re gonna be raped, or if you feel like someone’s been following you around, or if you feel like you’re in trouble when you may actually not be, that you pop out that gun and you pop … pop a round at somebody.” "


    They left out the part of explaining the universal time out signal respected by criminals allowing someone to retrieve a weapon or to get to an equally respected safe zone.

    And on another note, I'll be writting up some legislation protecting our great citizens from the dangers of whistles. It's truly a sad story the hundreds suffering hearing loss from those who so caulously blow a whistle without regard to the damage caused to the inocent victims nearby. Tenitus is no joke my friends.

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    Makes one wonder how people elected this Salazar fellow.
    Clearly he is not so bright.

    CCJ

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    Makes one wonder how people elected this Salazar fellow.
    Clearly he is not so bright.

    CCJ
    The people who elected him are less so.

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    Quote Originally Posted by mobiushky View Post
    The people who elected him are less so.
    Indeed. The average IQ of a Colorado citizen is less then 103, so yes, your statement as merit.

    CCJ

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    imho, unless you've experienced rape, no man has any right to suggest, let alone tell, a woman how she should protect herself.

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    Amanda Collins is a great woman for coming forward and expressing the reality behind the need for our right to self defense. I'm proud to live in the same county as her!

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    Indeed. The average IQ of a Colorado citizen is less then 103, so yes, your statement as merit.

    CCJ
    Holy crap! I must be really pulling that average up from the floor!

    (Considering the US average is 98-100, that would mean the CO average is above the US average. Just sayin.)

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    Something related to this:
    "Could Weld County become 51st state? Commissions are serious"
    http://www.thedenverchannel.com/news...ns-are-serious
    "GREELEY, Colo. - Motivated by their objections to recent gun control measures and energy legislation, Weld County Commissioners are preparing to take action that would remove them from Colorado and form a new state.

    "Publicity stunt? Absolutely not. This is not a publicity stunt," said Weld County commissioner Mike Freeman. "It really started from our constituents. It came from people coming to us and saying we're so frustrated, the over reach of the state legislature, is there anything you that you can do. We’re absolutely serious about this," he said."

    Times are-a changin'.
    Why do I have a bar in my home? Because it's cheaper to stock a bar than to get a DUI.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by RandallFlagg View Post
    Something related to this:
    "Could Weld County become 51st state? Commissions are serious"
    http://www.thedenverchannel.com/news...ns-are-serious
    "GREELEY, Colo. - Motivated by their objections to recent gun control measures and energy legislation, Weld County Commissioners are preparing to take action that would remove them from Colorado and form a new state.

    "Publicity stunt? Absolutely not. This is not a publicity stunt," said Weld County commissioner Mike Freeman. "It really started from our constituents. It came from people coming to us and saying we're so frustrated, the over reach of the state legislature, is there anything you that you can do. We’re absolutely serious about this," he said."

    Times are-a changin'.
    I know they say it's not a publicity stunt and I believe they really mean it. But in the long run it's not really going to amount to much more, even though it would be spectacular if they did. Problem is, they have to vote on it, then the state legislature has to approve it (not gonna happen right now anyway), and then it has to be approved by the US congress. So it's a tough road ahead. Having said that, I'd move to "North" Colorado if it happened.

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    Regular Member RandallFlagg's Avatar
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    Quote Originally Posted by mobiushky View Post
    I know they say it's not a publicity stunt and I believe they really mean it. But in the long run it's not really going to amount to much more, even though it would be spectacular if they did. Problem is, they have to vote on it, then the state legislature has to approve it (not gonna happen right now anyway), and then it has to be approved by the US congress. So it's a tough road ahead. Having said that, I'd move to "North" Colorado if it happened.
    As would I.
    Start an ammunition manufacturing shop, gunsmith training school, etc.
    There's always possibilities.
    Why do I have a bar in my home? Because it's cheaper to stock a bar than to get a DUI.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by RandallFlagg View Post
    As would I.
    Start an ammunition manufacturing shop, gunsmith training school, etc.
    There's always possibilities.
    I hear ya. Imagine The new North Colorado becoming a "gun mecca" if you will. Wouldn't that be amazing?

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    Regular Member RandallFlagg's Avatar
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    Quote Originally Posted by mobiushky View Post
    I hear ya. Imagine The new North Colorado becoming a "gun mecca" if you will. Wouldn't that be amazing?
    Heh!
    Imagine what the crime rate would be compared to the other areas!
    ZERO!
    Why do I have a bar in my home? Because it's cheaper to stock a bar than to get a DUI.

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    “It’s why we have call boxes,” said Salazar, “it’s why we have safe zones, it’s why we have the whistles. Because you just don’t know who you’re gonna be shooting at.

    "Excuse me criminal, while I make a call as you attempt to rape me..." Stupid...

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    Quote Originally Posted by XDNick9 View Post
    “It’s why we have call boxes,” said Salazar, “it’s why we have safe zones, it’s why we have the whistles. Because you just don’t know who you’re gonna be shooting at.

    "Excuse me criminal, while I make a call as you attempt to rape me..." Stupid...
    Honestly as stupid as that was, it wasn't the worst or most offensive thing the CO Dem legislators said. Evie Hudak told rape survivor during testimony that "...actually statistics are not on your side even if you had had a gun." Essentially, Hudak told a woman who had been raped that being raped was probably the better choice anyway.

    And it get's better. A CO university posted a list of "things to do to avoid being raped" on their security web site. It was quickly removed. Why? Because among the spectacular suggestions similar to the above, they recommended peeing on the attacker. Or vomiting on him. But don't carry a gun.

    Yeah.

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    Regular Member RandallFlagg's Avatar
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    Quote Originally Posted by mobiushky View Post
    Honestly as stupid as that was, it wasn't the worst or most offensive thing the CO Dem legislators said. Evie Hudak told rape survivor during testimony that "...actually statistics are not on your side even if you had had a gun." Essentially, Hudak told a woman who had been raped that being raped was probably the better choice anyway.

    And it get's better. A CO university posted a list of "things to do to avoid being raped" on their security web site. It was quickly removed. Why? Because among the spectacular suggestions similar to the above, they recommended peeing on the attacker. Or vomiting on him. But don't carry a gun.

    Yeah.
    When I was at the Capital testifying to arm teachers back in January, while a woman was testifying in support of the bill, Senator Jessie Ulibarri actually got up, left the room, returned with a burrito, and was stuffing his face while she was speaking.
    Disrespectful and reprehensible Ulibarri needs to get the boot.
    Why do I have a bar in my home? Because it's cheaper to stock a bar than to get a DUI.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by RandallFlagg View Post
    When I was at the Capital testifying to arm teachers back in January, while a woman was testifying in support of the bill, Senator Jessie Ulibarri actually got up, left the room, returned with a burrito, and was stuffing his face while she was speaking.
    Disrespectful and reprehensible Ulibarri needs to get the boot.
    LOL, the all need to get the boot. They knew they had basically one shot at this and that people were going to lose their jobs. They didn't care. Controlling the populace was more important.

    Did you see the shot of the guy from I think CT that was playing solitaire during the public testimony phase of their laws?

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    Quote Originally Posted by countryclubjoe View Post
    Indeed. The average IQ of a Colorado citizen is less then 103, so yes, your statement as merit.

    CCJ
    Come on out to "The Western Slope" and say that; probably true with the Kommiefornicator invaders in the Denver-Boulder area though.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by F350 View Post
    Come on out to "The Western Slope" and say that; probably true with the Kommiefornicator invaders in the Denver-Boulder area though.
    LOL, funny thing is, 103 is above the national average... So I think that one sort fizzled off target a bit. LOL.

    But yeah, Kommifornia has seriously infected and rotted the Eastern side of the hill. We're working on that... a little.

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    I have a far, far better idea...... Let's split off the Denver-Boulder area into the new state and the rest of us can live free. I would bet there is at least equal desire to be shed of the Denver area on The Western Slope.

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    Regular Member mobiushky's Avatar
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    Quote Originally Posted by RandallFlagg View Post
    When I was at the Capital testifying to arm teachers back in January, while a woman was testifying in support of the bill, Senator Jessie Ulibarri actually got up, left the room, returned with a burrito, and was stuffing his face while she was speaking.
    Disrespectful and reprehensible Ulibarri needs to get the boot.
    Tried to send you a PM, but it wouldn't let me. Just wanted to apologize to you for getting your other thread locked. I hope it doesn't affect your opinion of OCDO or the guys here. Sorry about that.

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    “I just want to say that, actually statistics are not on your side even if you had a gun,” Hudak scolded. “And, chances are that if you would have had a gun, then he would have been able to get that from you and possibly use it against you.”

    I think i'll take my chances... with my gun

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    Regular Member RandallFlagg's Avatar
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    Quote Originally Posted by mobiushky View Post
    Tried to send you a PM, but it wouldn't let me. Just wanted to apologize to you for getting your other thread locked. I hope it doesn't affect your opinion of OCDO or the guys here. Sorry about that.
    No worries.
    This place would get pretty boring if everyone agreed with everyone else about everything.
    Why do I have a bar in my home? Because it's cheaper to stock a bar than to get a DUI.

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    Quote Originally Posted by Augustin View Post
    “I just want to say that, actually statistics are not on your side even if you had a gun,” Hudak scolded. “And, chances are that if you would have had a gun, then he would have been able to get that from you and possibly use it against you.”

    Hudak continued, speaking over the committee witness, “The Colorado Coalition Against Gun Violence says that every one woman who used a handgun in self-defense, 83 here are killed by them.”
    You gotta love these kind of blatant lies.

    That 83 to 1 ratio is based on a 1998 study that found that in one year 12 women had used a gun to kill an attacker in self defense vs 872 women having been killed by guns that year.

    There are a few problems with his statement.

    First, the actual study was two independent facts, Women killed by guns and Women who used a gun to kill someone in lawful self defense. The reality is that the study didn't indicate that any of the women who died that year by a gun was killed by a gun taken from them. In fact it is almost a certainty that they were all unarmed. Yet Hudaks statement amounts to saying that all 884 women were armed and yet 83 of each 84 women was killed in spite of this. This is just blatantly false.

    Second, Hudak says "used a handgun in self-defense". But the actual report was "used a handgun to KILL an attacker in self-defense". Guess what... The VAST majority (roughly 1 in 10,000) of defensive firearm uses by private citizens do NOT result in the attacker being killed. So basically those numbers (and that entire study) were a flaming pile of BS. Besides, What matters is not women killed by guns vs attackers killed by women with guns, but women killed by guns vs women SAVED by guns.

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    Unfortunately....

    Quote Originally Posted by arentol View Post
    You gotta love these kind of blatant lies.

    That 83 to 1 ratio is based on a 1998 study that found that in one year 12 women had used a gun to kill an attacker in self defense vs 872 women having been killed by guns that year.
    It's the untruthful sound bite that really gets the traction and over time turns to fact in so many lazy uniformed minds. Sound bites are, in my opinion, the worst thing to ever come out of the electronic age.

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